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(영문) 대구지방법원 2018.08.16 2018고단1073
절도
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 10:16 on August 11, 2017, Defendant 2018, Defendant C, “D pharmacy,” operated by the victim C, who was the victim’s property, stolen the victim’s property by putting them in a fluorous plastic paper, which was prepared in advance for the victim’s 50,000 won at the market price, 550,000 won.

2. At around 14:05 on April 20, 2018, Defendant 2246: (a) committed theft with 149,00 won of the market price, which is 149,000 won of the victim’s market price, kept in the display site, using the gaps of the victim F in G pharmacy operated by the victim F in Busan-si, Sinsan-si, by taking advantage of the gaps of the victim’s surveillance.

3. On April 29, 2018, Defendant 2789, at around 15:12 on April 29, 2018, Defendant 1: (a) committed a theft with 128,000 won in total of the market price of the victim’s possession in the sales stand by taking advantage of the gaps in the victim I’s supervision over the 4th floor of the Daegu-gu H shopping district, Daegu-gu, Daegu-gu, and the victim I’s supervision over the victim; and (b) theft with 128,000 won in total.

Summary of Evidence

[2018 Highest 1073]

1. Statement by the defendant in court;

1. C’s statement;

1. A report on internal investigation (Attachment of CCTV images related to a person suspected of committing a crime) (2018 Height 2246);

1. Statement by the defendant in court;

1. A written statement;

1. A theft report;

1. Protocol of seizure and list of seizure [2018 high order 2789];

1. Statement by the defendant in court;

1. A written statement of I;

1. On-the-spot report (CCTV verification);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- Not only there are many records of punishment for larceny, but also during the period of suspension of execution.

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